Posted by
Mrs Mwangi
17 yrs ago
Hi
Its my first time to hire a DM. She is only 5month old with me and I am leaving for the whole of Septemeber. I dont wish to leave her for three weeks in the house so I have asked her to take her annual leave of 7days then I have added her 7days off and we have a written signed agreement that she wont take her public hollidays to sustitute with the 7day extra. Is this in order? Now she tells me she wants to go to Phillipines and I pay her ticket? I dont know if I too have to do this or am I?? Please help I need to make the decission before 1 st sept as that when am about to leave.
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You can ask her to use holidays but you cannot make her. It seems very un fair to expect her to give up her public holidays to accommodate your holidays. Personally you should provide the holidays as extra to her normal ones as you don't need or want her. Again if you expect her to vacate the home to suit yourself the cost of this is down to you including travel and accommodation. You really can’t insist she takes holidays and her public holidays to suit you and also pay for flights etc herself.
Even if she did agree I can guarantee that she will not like it and will resent you for it its human nature. She may just not have the strength to tell you she isn’t happy about it but if you put yourself in the same situation and think about how you would feel you can work it out for yourself.
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cd
17 yrs ago
You can give her the extra 7 days unpaid leave but you cannot ask her to substitute her public holidays for them, she will still be entitled to them. Her fare to the PHillippines for holidays during the contract are down to the helper to pay, but if you are unwilling to let her stay in your home, as a helper normally would while the employer is away then I think its only fair that you pay for her ticket.
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cd how would you respond if your work told you you had to take unpaid leave because they wanted a holiday and didn't want you in work during that time. I would be very suprised if it was legal to ebforce her to take her leave, paid or un paid to suit yoursef. If the employer refuses to allow her helper to stay in the home while they are away then you must provide alternate arrangements for that time, The helper should not have to pay this themselves.
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Thankks so much guys for being frank about my question. I would not have asked if I knew what was right n wrong. I asked so that those who have these experiences give mw ideas of how to handle this but looks like and being prosectuted of being unreasonable. Anyway I have taken your word and looks like every one has their own reasoning since I got the signing idea from someone else who has had DH for a long while and well she had to take this into concideration as her DH used to change what they had agreed. For me I thought that would be my protection incase she decides to say we had not had the agreement. If we agree on anything we put it in writting and she agrees n signs and she says its a good idea. I believe she is mature enough to say if its nos, further more she makes request even I cancel my appointment to suit her off, is hse also being unreasonable? honestly its not that I am chasing her out of the house but am giving her the freedom to go out and she has the house keys n is free to stay in the house.she talked about going to Philipines when I asked her what she had planned for her vacation I presume she got various ideas from her many friends. My question is am I supposes to pay her ticket?About the holiday sustitue its not fixed and she can go as she pleases and hey am not that mean she is great with my family n baby n am ever greatful to her n she knows it..
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If you are happy for her to stay at your home while your away and have her do spring cleaning for example then any extra holidays and travel home is up too her and you can class it as unpaid leave and you do not need to pay for her trip. If you do not want her in the house or working for you then you should pay for either accomadation in HK or a ticket for her to go home and you can't expect her to take unpaid leave or use up all her holiday time etc.
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Thanks Moppet for your advice. I think I will just let her go home to Phillipines for the two week and she can add if she likes since we will be away for three weeks. She says there is a certificate she need to get from the immigration what am I expected to do so that she wont have problems when she comes back?And yes we are going to pay for her ticket and if she wants to refund its up to her. I dont feel good if we are on holiday and she is just at home and further more everything was a request on either sides. Thanks again
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mrs mwangi..
the helper needs to secure her OEC fromthe PHIL CONSULATE not the immigration.. im not sure how much is it..but surely its less than a 100hk..
its her exemption form the travel tax and terminal fee in the philswhen she flies back to hk
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ok does she need a letter from me or she just goes to the consulate and asks for it? I am still new to this and in my country its different since we dont hire foreing worker hehehe anyhelp is highly appreciated
Thanks to all
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